michael j sgarlat - FEDagent - News for federal agents and 1811’s

Fifth Circuit: Exigent Circumstances Exception Applies to Vehicles

case law update

Last week, the U.S. Court of Appeals for the Sixth Circuit held that a defendant’s consent to a search, obtained after invoking her right to remain silent, is not testimonial evidence that can be suppressed as a Miranda violation.

Fifth Circuit: Search Based on Dog Sniff of a Garage “Close Enough” for the Good Faith

case law update

Last week, the Fifth Circuit determined that the good faith exception applied to prevent the suppression of evidence obtained after officers used a canine to sniff the perimeter of a garage. The court found unpublished and inconclusive case law sufficient to demonstrate that a dog sniff of a garage is “close enough to the line of validity.”

Franks Challenge Denied Despite Reckless Omission of Evidence

case law update

The U.S. Court of Appeals for the Fourth Circuit recently found that the reckless omission of facts regarding an individual’s confinement to certain living areas of a residence did not prevent a finding of probable cause that the individual conducted criminal activity in other areas of the home. 

Officers Granted Qualified Immunity for Warrantless Entry to Recover Property

case law update

Applying the “consent-once-removed” doctrine for the first time since the Supreme Court’s 2009 decision in Pearson v. Callahan, the U.S. Court of Appeals for the Eleventh Circuit recently granted police officers qualified immunity after entering an individual’s residence to assist his former partner in obtaining property.

Seventh Circuit Extends the Supreme Court’s Opinion in Jardines to the Common Areas of Apartment Complexes

case law update

The Seventh Circuit recently held that the use of a “super-sensitive instrument” outside an apartment door violates a defendant’s Fourth Amendment rights. Justifying its holding, the court discussed that people of different ethnicities and race as well as of lower income are more likely to reside in apartment complexes and need to be afforded protection.

This Week on FEDtalk

Ethics and Accountability for Government Attorneys

Tune in to FEDtalk this week for a discussion of ethics and accountability in the federal government. The guests will cover the Professional Review process for government attorneys and other government ethics considerations.

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Hear it from FLEOA

FLEOA Scores Legal Victory for Agents with Hearing Loss

Federal Law Enforcement Officers Association (FLEOA) National President Nathan Catura released a statement earlier this week that detailed a settlement impacting agents with hearing loss.

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